Donald Henrickson v. Chase Riveland

70 F.3d 1278 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald HENRICKSON, Petitioner-Appellant, v. Chase RIVELAND, Respondent-Appellee. No. 94-36147. United States Court of Appeals, Ninth Circuit. Submitted * Nov. 13, 1995. Decided Dec. 4, 1995. Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Washington state statutes punish recidivist sex offenders harshly by first enhancing to a felony the gross misdemeanor of communication with a minor for immoral purposes, RCW 9.68A.090, and then using that felony to create a kidnapping offense. RCW 9A.40.020. We conclude that the interaction between the statutes does not violate the offender's equal protection rights. 3 Henrickson is not a member of a suspect class and no fundamental rights are implicated, so we review his equal protection argument under the rational basis test. Heller v. Doe, 113 S.Ct. 2637, 2642 (1993). We must uphold the legislature's classification "unless the varying treatment of…